SPEECH BY PROF S M E BENGU, MINISTER OF EDUCATION, ON THE SECOND READING DEBATE IN SENATE OF THE TECHNIKON AMENDMENT BILL
28 JUNE 1995
Mr President, this Bill makes provision for the Amendment of the Technikons Act, 1993 (Act No 125 of 1993). The memorandum on the objects fully elucidates the aims of this Bill. I will consequently not dwell on its details. Although some of the amendments are technical in nature and others are consequential amendments, the Bill nevertheless brings about significant changes.
Firstly, students are now entitled to two representatives on the council and the academic board of each technikon. Provision is also made for one member of the academic staff (additional to the two academic board members) and one other employee of the technikon on the council. The number of persons on the council has been enlarged to make provision for a minimum of 20 and maximum of 30 members. THESE AMENDMENTS, MR PRESIDENT, ARE IN LINE WITH THE CURRENT TRANSFORMATION PROCESS IN HIGHER EDUCATION AND WILL PROVIDE FOR A MORE DEMOCRATIC AND REPRESENTATIVE TECHNIKON COUNCIL.
Secondly, the Bill makes provision for the recognition of employee organisations, it further provides that the salaries and other conditions of services of employees will be determined or prescribed only after negotiation with the employee organisation. THIS MR PRESIDENT, WILL PROVIDE A FRAMEWORK FOR SOUND LABOUR RELATIONS IN THE HIGHER EDUCATION SECTOR.
Thirdly, the Bill extends the scope of the Act to the whole of South Africa by providing for the repeal of the laws applicable to technikons of the former TBVC states and self-governing territories. A schedule has been inserted in the Act containing all the laws which eventually will be repealed by the Act.
Fourthly, provision is also made for the withdrawal of a member, pensioner or dormant member from the pension fund from which he/she is presently a member, so as to allow him/her to become a member of a new pension fund should the technikon elect to establish a new pension fund in terms of Section 25 of the Act.
Honourable senators, this Bill is a product of broad consultation with non-statutory stakeholders as well as the Committee of Technikon Principals (CTP), which is a statutory stakeholders. The Bill was further discussed by each technikon with their own internal stakeholders. THIS, MR PRESIDENT IS THE CONSISTENT APPROACH OF MY MINISTRY, THAT THE PROCESS OF POLICY FORMULATION AND LEGISLATION IS CHARACTERISED BY CONSULTATION WITH ALL STAKEHOLDERS. This, honourable senators is in contrast with the distortions and fabrication about the NQF Bill which have appeared in the media. I find the claim that the Government intends to use the withholding of subsidies to secure compliance with the requirements of the Bill an irresponsible and malicious fabrication. To even imagine that a Government committed to democracy, transparency and public accountability could contemplate the creation of "thought police" is utter nonsense.
I am further disturbed by the irresponsible approach adopted by certain parties on this matter. Certain party's spokespersons chose to make uninformed statements about this Bill without checking the facts with my office or indeed with the Deputy Minister of Education. I AM ON RECORD IN THIS HOUSE THAT EDUCATIONAL MATTERS MUST BE DEALT WITH IN A PRINCIPLED AND CONSTRUCTIVE MANNER AND NOT BE USED FOR PARTY POLITICAL GAINS. THIS IS THE ONLY WAY IN WHICH WE CAN GAIN THE SUPPORT OF PARENTS, TEACHERS AND STUDENTS IN OUR ATTEMPTS TO TRANSFORM OUR EDUCATION SYSTEM.
Honourable senators, by enacting this Bill we will be contributing to the broad transformation process that is gathering momentum in our higher education institutions. I thank you